Page:Prerogatives of the Crown.djvu/283

Ch.XIL] Ea;tents. 263 the conusor on a statute merchant or statute staple, which were instruments having peculiar properties in favour of trade {a). The writ of extent as a Crown process, appears to be founded on the statute of 35 Hen. 8. c. 39 (J)). . By the 55th section of that statute, it is enacted, " that all and every suit and suits, which thereafter should be had, made, or taken of, for or upon any debt or duties, which thereafter should grow or be due to the King, in the several offices and courts of his Exchequer, duchy of Lancaster, augmentations of the revenues of his Crown, surveyors general of his manors, lands and tenements, master of the wards and liveries, and courts of the first fruits and tenths, or in any of them, or by reason or authority of any of them, should be severally sued in such one of the said courts and offices, in the which court and office, or by reason of the which court and office, the same debt or duty should grow or become due, or in the which office or court the recognizance, obligation or specialty should be or remain; and that every such several suit and suits should be made in every of the said several offices and courts, under the several seals of the said several courts, by capias, extendi facias, subpoena, attachments and proclamations of allegiance, if need should require, or any of them, or otherwise, as unto the said several courts should be thought by their discretions expedient for the speedy recoveiy of the King's debts. And that the said Court of Exchequer, and all and every of the said Courts, should have whole and full authority and power, to hear and determine all and every such suit and suits, as thereafter should be taken, commenced and pursued for the intent above specified; and thereupon to award, make and do execution by and upon the body, lands and goods of the party or parties that should be so condemned accordingly." Statutes merchant, statutes staple, and recognizances in the nature of statute staple, are now out of use. But the powers and energies of those instruments are still in force in favour of (a) Hob. 60. 2 Rol. Ab. 475. 2 reader will observe, on perusing the fol- Wms. Saund. 70, b. lowing pages on this difficult subject, {b) See Bunb. 233. West. 332, 3, that the author derived considerable as- &c. 2 Manning, Pr. 513. 4 T. R. sistance from Mr. West's work on ex- 412. per Ashhurst, J. As to this statute tents. ID general. See 2 Bla. Rep. 1295. The »